Court restores woman’s right to Haq Mehr and overturns lower court ruling denying payment
LAHORE:
If the time for payment of dowry (Haq Mehr) is not specified in the marriage contract, the husband is legally obliged to pay it when the wife requests it, the Lahore High Court (LHC) ruled on Tuesday.
In a detailed six-page ruling, Justice Abid Hussain Chattha accepted a petition filed by a woman, Fatima Bibi. The petitioner had approached the court seeking recovery of maintenance, dowry and dowry worth five tolas of gold.
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The LHC annulled the decision of a lower court that had denied payment to Mehr, declaring it legally flawed, restoring Fatima Bibi’s right to receive the agreed dowry.
Earlier, a Family Court had ordered the petitioner’s husband to pay Rs 5,000 per month as maintenance, along with dowry, while rejecting Fatima Bibi’s dowry application. Both parties challenged the ruling before the trial court, which upheld the maintenance order, partially admitted the dowry claim by ordering payment of certain items or Rs 250,000, but dismissed the dowry claim.
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Challenging the ruling, Fatima Bibi filed the complaint with the LHC, arguing that she had been unfairly denied her legitimate right to receive a dowry. The court agreed, noting that the wife remains entitled to her dowry regardless of whether her marriage ends or not.
The court upheld the appellate court’s findings regarding maintenance and dowry, but ruled that its decision regarding dowry was incorrect. Accordingly, the LHC reinstated the Family Court’s order on Mehr and partially admitted the petition.
